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Pursuing Equality: Homeownership and Workplace Issues Faced by the LGBTQ Community I

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Pursuing Equality: Homeownership and Workplace Issues Faced by the LGBTQ Community I American Mortgage Diversity Council Where Diverse Groups Share Common Goals. Pursuing Equality: Homeownership and Workplace Issues Faced by the LGBTQ Community I. INTRODUCTION “LGBTQ rights are the latest front in the battle for equitable civil rights for all Americans.” - LGBTQ Town Hall Attendee While the previous decades have yielded progress, there is significant ground yet to be gained in the pursuit of equal rights for LGBTQ individuals. A recent study commissioned by the Gay & Lesbian Alliance Against Defamation (GLAAD) and conducted by The Harris Poll1xxx revealed that public discomfort with LGBTQ Americans is increasing, correspondingly increasing the headwinds that they face: » Fifty-five percent of the LGBTQ respondents said they experienced anti-LGBTQ discrimination in 2017, compared to 44 percent in 2016. » Thirty-one percent of respondents reported being uncomfortable with seeing a same-sex couple holding hands. » Thirty-one percent of respondents said that they would be uncomfortable to learn that their Doctor was LGBTQ. » Thirty percent of respondents said that they would be uncomfortable to learn that a family member identified as LGBTQ. » Fifty-one percent of all respondents reported being uncomfortable with LGBTQ individuals in at least some situations. The concerns of LGBTQ individuals permeate all facets of society and affect every industry. The mortgage industry is no different, and housing and workplace protections are at this point inadequate to mitigate the risk of discrimination. Because of the lack of embedded civil protections afforded to LGBTQ people, the financial services industry has historically been met with distrust by the community. Recognizing the need for the mortgage industry to conduct further outreach to the LGBTQ community for the purpose of educating on current opportunities for homeownership and being educated on emerging issues and concerns, the American Mortgage Diversity Council (AMDC) conducted a series of four discussions in strategically selected locations across the country. The “Town Hall” meetings were convened in Dallas, Texas; Chicago, Illinois; Miami, Florida; and Los Angeles, California, between December of 2017 and June of 2018. Each meeting was attended by approximately ten mortgage industry executives and approximately 10 senior leaders from local advocacy organizations provide services for the for the LGBTQ communities within their respective communities. These discussions provided an opportunity for these leaders to have a frank discussion in an open setting regarding issues affecting the LGBTQ community, both from a homeownership and workplace inclusion perspective. What follows is a discussion of the concerns that were brought to light within the series of meetings and proposed remedial measures addressing the current issues. 1 GLAAD, Accelerating Acceptance 2018 Report (2018); http://www.glaad.org/files/aa/Accelerating%20Acceptance%202018.pdf. The survey was conducted online within the United States by The Harris Poll on behalf of GLAAD. The survey was fielded from November 16-20, 2016, among 2,160 adults ages 18 and older; 1,897 of these adults were non-LGBTQ. Pursuing Equality: Homeownership and Workplace Issues Faced by the LGBTQ Community 2 PARTICIPATING ORGANIZATIONS Below is a list of more than 45 organizations that attended the Town Halls between December 2017 and June of 2018. Disclaimer: The opinions expressed in this white paper are those of the author and do not necessarily reflect the official policy or position of any other organization, employer, or company other than the author. » ACCUMATCH » LOS ANGELES LGBT CENTER » AIDS OUTREACH CENTER » METROPOLITAN MILWAUKEE FAIR » AIDS SERVICES OF DALLAS HOUSING COUNCIL » ALLIANCE FOR LGBTQ YOUTH » MIAMI-DADE LGBT CHAMBER OF COMMERCE » ASSOCIATED BANK » MILWAUKEE METROPOLITAN » BANK OF AMERICA COMMUNITY CHURCH » BANKUNITED » MR. COOPER » CALIBER HOME LOANS » MSI » CATHEDRAL OF HOPE CHURCH » NATIONAL ASSOCIATION OF GAY AND » CHICAGO HOUSE LESBIAN REALTY PROFESSIONALS » CHICAGO LGBT CHAMBER OF (NAGLREP) COMMERCE » NATIONAL LGBTQ TASK FORCE » CORPORATION FOR SUPPORTIVE » NATIONAL TAX SEARCH HOUSING » NORTH TEXAS LGBT CHAMBER OF » COVENANT HOUSE COMMERCE » DALLAS HOPE CHARITIES » OUTLAST YOUTH » EQUALITY FLORIDA » PENNYMAC » EQUALITY ILLINOIS INSTITUTE » PRIDELINES » FANNIE MAE » PRISM HEALTH SERVICES » FEDERAL HOME LOAN BANK OF » RESOURCE CENTER OF DALLAS CHICAGO » SAVE » FIVE STAR INSTITUTE » TRANSGENDER EDUCATION » FLAGSTAR BANK NETWORK OF TEXAS » FREDDIE MAC » TRANSSOCIAL » LAMBDA LEGAL » TREVOR PROJECT » LANDMARK NETWORK » U.S. BANK » LAUDAN PROPERTIES » WINTRUST FINANCIAL » LEGACY COUNSELING CORPORATION Pursuing Equality: Homeownership and Workplace Issues Faced by the LGBTQ Community 3 II. LGBTQ HOMEOWNERSHIP A. The State of Fair Housing In April of 2018, our nation commemorated 50 years since the passage of the Fair Housing Act of 1968.2 The legislation, passed just one week following the assassination of Dr. Martin Luther King Jr., was produced to answer the call of its time, preventing discrimination and ensuring equal access in the sale or rental of housing nationwide. Though the struggle was long, and many battles were yet to be fought in the name of equal rights, for the first time in human history, the Fair Housing Act represented a nation’s government affirmatively declaring that access to housing is a basic human right, applicable regardless of race, sex, or national origin. Now our nation must rise to confront a new challenge: the lack of protection against housing discrimination for members of the LGBTQ community. Federal fair housing laws prohibit housing discrimination based on race, color, religion, national origin, sex, familial status, and disability. The Fair Housing Act, however, does not include sexual orientation or gender identity as protected classes. The lack of enumerated protection is problematic considering the documented empirical evidence indicating widespread housing practices that are at worst discriminatory in their intent or at best disparate in their outcome. The problem is exacerbated by a varying interpretation as to the applicability of federal fair housing laws to the LGBTQ community by government officials and the courts. Further, state-level and municipal protections, though well intended, are an inadequate strategic remedy for protecting the LGBTQ population considering that their existence is largely a product of the political climate in each respective state. The reality is harsh: whether an LGBTQ individual will be protected from housing discrimination in the United States of America is currently determined, not by the execution of their rights under the 14th Amendment of the U.S. Constitution, but rather by whether they live in a geographic area that has enacted subordinate protections. Consider the following: » Same-sex couples are more likely to experience discrimination in the rental housing market, relative to heterosexual couples.3 » Gay men and transgender individuals are less likely to be presented with a full slate of options when seeking rental housing.4 » For LGBTQ individuals who apply for a mortgage, the average approval rate for is approximately three to eight percent lower in contrast to otherwise comparable loan applicants.5 » Financing cost for LGBTQ homeowners is about 0.02 percent to 0.2 percent higher when juxtaposed against otherwise comparable applicants. The difference is equivalent to an annual total of between $8.6 million and $86 million in additional interest/fees paid by same-sex borrowers nationwide.6 2 42 U.S. Code § 3604 3 Samantha Friedman et.al., An Estimate of Housing Discrimination Against Same Sex Couples (2013). https://www.huduser.gov/portal/publications/fairhsg/ discrim_samesex.html. This study was prepared for the U.S. Department of Housing and Urban Development and represents the first large-scale, paired-testing study to assess housing discrimination against same-sex couples in metropolitan rental markets via advertisements on the Internet. The research was based on 6,833 email correspondence tests conducted in 50 metropolitan markets across the United States from June through October 2011. 4 Dianne K. Levy et.al., A Paired-Testing Pilot Study of Housing Discrimination against Same-Sex Couples and Transgender Individuals, The Urban Institute (2017) https://www.urban.org/research/publication/paired-testing-pilot-study-housing-discrimination-against-same-sex-couples-and-transgender-individuals/view/full_ report. 5 Lei Gao and Hua Sun, The Rainbow of Credit: Same-sex Mortgage Discrimination and Two-sided Spillover Effect (2017), https://pdfs.semanticscholar. org/6a19/720aa1b8319f87d3084989f2b706cd3f3f85.pdf 6 Id. Pursuing Equality: Homeownership and Workplace Issues Faced by the LGBTQ Community 4 » A prominent United States Congressman went on record as interpreting the Fair Housing Act to mean that it was acceptable for people to refuse to sell their homes to gay men and lesbians if “they don’t agree with their lifestyle,” prioritizing the freedom of contract over freedom from discrimination.7 » Only 41 percent of the LGBTQ population lives in a state with local legislation that prohibits housing discrimination based on sexual orientation and gender identity. 8 » An aggregation of state-level data reveals that approximately three complaints of sexual orientation and gender identity-based housing discrimination are filed for every 100,000 LGBTQ adults each year. The number of complaints is approximately in line with
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